RAJESH DHARUA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant, by filing this Appeal from inside the Jail, has challenged the judgment of conviction and order of sentence dtd. 13/4/2018 passed by the learned Additional Sessions Judge, Bargarh in C.T Case No.67/17 of 2016, arising out of C.T Case No.1879 of 2015, corresponding to Attabira P.S. Case No.299 of 2015 of the Court of the learned Sub-Divisional Judicial Magistrate (SDJM), Bargarh. The Appellant (accused) faced the Trial with another accused i.e. Rama Budek (non-Appellant) standing charged for commission of offence under Sec. 302/201/120-B/34 of the Indian Penal Code, 1860 (for short 'the IPC'). The Appellant as well as accused Rama Budek (Non-Appellant) have been convicted for commission of offence under Sec. 302/120-B/34 of IPC. Accordingly, they have been sentenced to undergo imprisonment for life and pay fine of Rs.10,000.00 in default to undergo rigorous imprisonment for a period of one (01) year each for the offence under Sec. 302/120-B/34 of the IPC. It is stated at the Bar and also reported by the Registry that the accused Rama Budek has not yet filed any appeal challenging his conviction and sentence. Prosecution case:-

(2.) On 26/11/2015 around 7 a.m., one Okil Badi (P.W.1), was the Gram Rakhi under Attabira Police Station presented a written report with the Inspector-in-Charge (IIC) of Attabira Police Station, stating therein that in the previous night around 10.30 p.m., when he was conducting night patrolling in the village Laderpali, he got the informant that one person was lying on NH-6 in a bleeding condition. So he proceeded to the spot which was in between the Panchayat Office and the Ghantasuni Temple and saw a man lying dead on the road with severe injuries on left side of his body and head. Okil (Informant-P.W.1) suspected that the deceased had received such injuries on account of vehicular accident. On the next morning, the dead body was identified to be that of Ratan Bhue of village- Laderpalli. The IIC, on receipt of the above written report, treated the same as FIR (Ext.1) and registering the case, directed the Sub Inspector (S.I) of Police (P.W.11) to take up investigation.

(3.) In course of investigation the Investigating Officer (I.O-P.W.11) examined the Informant (P.W.1), visited the spot and prepared the spot map (Ext.9). He held inquest over the dead body of the deceased and prepared the report (Ext.3). He then examined the witnessed to the inquest. He also sent requisition to the A.D.M.O, Bargarh for post mortem examination of the deceased. He visited village Laderpali and examined Kumari Bhue, wife of the deceased and other witnesses. On 28/11/2015 at 4 p.m., he apprehended the accused Rajesh Dharua and examined him. The accused Rajesh Dharua while in the custody of the I.O (P.W.11) led him and the witnesses to Pathar Khodan, where accused Rama Budek was present. The I.O then arrested the other accused Rama Budek pursuant to the statement of the accused Rajesh Dharua recorded vide Ext.4 under Sec. 27 of the Evidence Act, he led the I.O (P.W.11) to the backside of Ghanteswari temple situated near village Laderpali. The accused Rajesh Dharua gave recovery of one axe lying in the cultivable land in the presence of the witnesses. The blood stained earth and sample earth were collected under seizure list (Ext.2). the I.O (P.W.11) sent the requisition to the M.O, CHC, Attabira for collection of biological samples of the accused persons. The I.O (P.W.11) then seized the collected sample hand wash, blood, nail clipping of both the accused persons on production of the same by the Police Constable who had taken the accused persons for said collection vide seizure list (Ext.6). The wearing apparels of the accused persons, namely, Rajesh Dharua and Rama Budek were seized by him (P.W.11) under seizure lists Ext.7 and Ext.8 respectively. He also collected the finger prints of both the accused persons. On 12/12/2015 being asked, the I.O (P.W.11) handed over the charge of the case to the IIC (P.W.14). On the same day, the second I.O (P.W.14) revisited the spot and examined the informant, Okil Badi, wife of the deceased and other witnesses. The seized articles were sent to R.F.S.L., Sambalpur for chemical examination through Court.